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BACON v. LEE

No. 209A91-4.

548 S.E.2d 740 (2001)

353 N.C. 522

Robert BACON, Elton McLaughlin and Richard Eugene Cagle, on behalf of themselves and all others similarly situated, Plaintiffs, v. R.C. LEE, Warden, North Carolina Central Prison; Michael F. Easley, Governor of North Carolina; and Roy Cooper, Attorney General of North Carolina, Defendants.

Supreme Court of North Carolina.

May 15, 2001.

Attorney(s) appearing for the Case

Edwin W. Welch, Valerie B. Spalding, Barry S. McNeill, Special Deputy Attorney Generals, C. Colon Willoughby, Jr., District Attorney, for Lee et al.

Thomas F. Loflin, III, Durham, for Bacon.

Kirk Osborn, Chapel Hill, for Cagle.

Stephen R. Greenwald, New York, NY, for McLaughlin.

ORDER

This matter is before the Court upon the State's Emergency Petitions for Writs of Certiorari, Prohibition, and Supersedeas and Motion to Vacate Superior Court's Order and to Dismiss Bacon's Civil Complaint. The State specifically petitions this Court, pursuant to N.C.R.APP.P. 2, to vacate the temporary restraining order entered by the Honorable David Q. LaBarre, Superior Court Judge Presiding, on Monday, 14 May 2001, effectively prohibiting the Governor...

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